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may 2007

Supreme Court of India · 2007-05-15

Oriental Insurance Co. Ltd vs Premlata Shukla & Ors

Citation / case number
2007 AIR SCW 3591
Court
Supreme Court of India
Petitioner
Oriental Insurance Co. Ltd
Respondent
Premlata Shukla & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that in cases of motor vehicle accidents, the principle of 'no fault liability' under Section 140 of the Motor Vehicles Act is distinct from common law principles of liability. The Court found that the Motor Vehicles Accident Claims Tribunal erred in dismissing the claim petition based on the finding that the driver of the Tempo Trax was not negligent, as the High Court relied on unproven allegations rather than the established facts. The Court reversed the High Court's decision, emphasizing that victims of motor vehicle accidents are entitled to compensation unless exceptions apply.

Oriental Insurance Co. Ltd vs Premlata Shukla & Ors · Niyam